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GUINEY v. ROACHE

Civ. A. No. 86-1346-K.

654 F.Supp. 1287 (1987)

Robert T. GUINEY, individually and as he is President and Representative of the Boston Police Patrolmen's Association, Inc., Plaintiff, v. Francis M. ROACHE, as he is Police Commissioner of the City of Boston, Defendant.

United States District Court, D. Massachusetts.

March 6, 1987.

Attorney(s) appearing for the Case

Frank J. McGee, McGee & Phillips, Marshfield, Mass., for plaintiff.

Michael Powers, James F. Hart, Boston Police Hdqtrs., Joseph I. Mulligan, Law Dept., City Hall, Boston, Mass., for defendant.

Mass Civil Liberties Union, Marjorie Heins, John Reinstein, Boston, Mass., for amicus curiae.

Robert J. Cynkar, Deputy Asst. Atty. Gen.; Richard Greenberg, Mary Goetten, Brian G. Kennedy, Dept. of Justice, Washington, D.C., for amicus curiae.

Opinion

KEETON, District Judge.

This is an action challenging Boston Police Department Rule 111, which authorizes urinalysis drug testing of department employees on both a reasonable suspicion and a random basis. Plaintiff seeks (1) a declaratory judgment that the Rule's random testing provision violates the Fourth and Fourteenth Amendments, and (2) equitable relief temporarily and permanently enjoining its enforcement. By consent of the defendant, the action...

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